1 / 18

How to Get A Million Dollars and Never Pay Taxes!

Pharmaceutical Fraud in a Qui Tam World Patrick J. O ’ Connell Chief, Civil Medicaid Fraud Office of the Attorney General. How to Get A Million Dollars and Never Pay Taxes!. 1. First, Get a Million Dollars

tuan
Download Presentation

How to Get A Million Dollars and Never Pay Taxes!

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Pharmaceutical Fraud in a Qui Tam WorldPatrick J. O’Connell Chief, Civil Medicaid Fraud Office of the Attorney General

  2. How to Get A Million Dollars and Never Pay Taxes! • 1. First, Get a Million Dollars • 2. When the IRS asks why you did not pay your taxes, you say: “I forgot”.

  3. Get Yourself a Case • 1. MFCU • 2. Qui tam statute • 3. Types of pharma cases: • Pricing or “AWP” • Rebate • Off Label Marketing • PBM • Misrepresentation of efficacy or side effects

  4. Chapter 36, Texas Human Resources Code    -Automatic Trebles    -Fees and Costs    -Penalties from $1,000-$10,000 Per unlawful act    -Automatic exclusion from program for minimum of 10 years

  5. Get Some Lawyers

  6. In-house Lawyers and Staff • Relator Lawyers and Staff • Outside Lawyers and Staff • Coordination with Other States Through NAMFCU

  7. Get Some Money • Experts • Travel • Videographers • Court Reporters

  8. State of Texas ex rel Ven-a-Care of the Florida Keys vs. Dey, Warrick & Roxane • Filed Sept. 2000 • Lawyers for Good Guys: 6 • Lawyers for Bad Guys: 10+ • > 130 Depositions • > 1,000,000 pages of documents • Travel to California, Tennessee, Ohio, New York, New Jersey, Connecticut, Alabama • Sanctions against each company for discovery abuse • Largest sanction ever awarded in Travis County for perjury in civil matter • Finally settled Nov. 2005 • Recovery of $55.6 million, including $12.7 million in fees and costs

  9. State of Texas vs. Abbott Labs, Baxter & B. Braun • Filed May, 2004 • Settled with Baxter and B. Braun for $12.3 million • Texas Lawyers: 3 • Relator Lawyers: 3 • Abbott Lawyers: 15+ • Current Fees and Costs: $5 million + • Mandamus to Ct. App. twice • Mandamus to Tex. Supreme Ct. twice • Removed and Remanded

  10. Results

  11. Results • Since 1999, recoveries of $217 million • Texas recoveries of $127 million • Federal: $58 million • State: $50 million • Relator: $19 million

  12. Be Careful What You Wish For! • Current Caseload: 175 • Current Unsealed Cases: 4 • Current Lawyer Staffing: 10 • Requested Staff Increase Approved By Legislature: 27 • Requested Appropriation Approved for Biennium: $10.5 Million

More Related